This article considers the tension between the Privy Council
decision in Cambridge Gas and the Supreme Court decision in Rubin
both concerning the limits of the common law jurisdiction to assist
foreign courts in insolvency proceedings.
Introduction
The Isle of Man courts are internationalist in outlook. This is
inevitable given the global nature of commercial activity that
operates in and through the Island, and the movement of individuals
to and from the Island. The Isle of Man courts endeavour to assist
the courts of foreign friendly nations, provided the Isle of Man
court has jurisdiction to do so. This article concerns assistance
in relation to foreign corporate insolvency proceedings, and
considers the limits of that assistance in the light of the
Cambridge Gas1 and Rubin2
cases. In the former the Privy Council (as the final Manx appeal
court) appeared to widen the scope for such assistance; however the
Supreme Court in Rubin disagreed. The Isle of Man